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Author: Thomas McInnis
Publisher: Lexington Books
ISBN: 0739129775
Category : Searches and seizures
Languages : en
Pages : 332
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Book Description
This book explains the different approaches to interpreting the Fourth Amendment that the Supreme Court has used throughout American history, concentrating on the changes in interpretation since the Court applied the exclusionary rule to the states in 1961. It examines the evolution of the warrant rule and the exceptions to it, the reasonableness approach, the special needs approach, individual and society expectations of privacy, and the role of the exclusionary rule.
Author: Thomas McInnis
Publisher: Lexington Books
ISBN: 0739129775
Category : Searches and seizures
Languages : en
Pages : 332
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Book Description
This book explains the different approaches to interpreting the Fourth Amendment that the Supreme Court has used throughout American history, concentrating on the changes in interpretation since the Court applied the exclusionary rule to the states in 1961. It examines the evolution of the warrant rule and the exceptions to it, the reasonableness approach, the special needs approach, individual and society expectations of privacy, and the role of the exclusionary rule.
Author: Thomas K. Clancy
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 752
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Book Description
A July 2012 supplement of the book is available at this link (updated July 6, 2012). Due to the thousands of daily governmental intrusions -- such as airport checks, traffic stops, drug testing, obtaining of digital evidence, traditional criminal law enforcement practices and regulatory inspections -- the Fourth Amendment is the most commonly implicated and litigated part of our Constitution. This treatise comprehensively treats United States Supreme Court caselaw and takes a structural approach to the Fourth Amendment, addressing foundational questions, such as: What is a search? What is a seizure? What does the Amendment protect? Who does it protect? When is it satisfied? When does the exclusionary rule apply? The treatise is organized by topic so a reader can have ready access to current doctrine and is able to examine in additional sections how current doctrine developed. The historical events and the Court's development of search and seizure principles provide context to, and perspective on, current doctrine.
Author: Andrew E. Taslitz
Publisher: NYU Press
ISBN: 0814783260
Category : Law
Languages : en
Pages : 377
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Book Description
The modern law of search and seizure permits warrantless searches that ruin the citizenry's trust in law enforcement, harms minorities, and embraces an individualistic notion of the rights that it protects, ignoring essential roles that properly-conceived protections of privacy, mobility, and property play in uniting Americans. Many believe the Fourth Amendment is a poor bulwark against state tyrannies, particularly during the War on Terror. Historical amnesia has obscured the Fourth Amendment's positive aspects, and Andrew E. Taslitz rescues its forgotten history in Reconstructing the Fourth Amendment, which includes two novel arguments. First, that the original Fourth Amendment of 1791—born in political struggle between the English and the colonists—served important political functions, particularly in regulating expressive political violence. Second, that the Amendment’s meaning changed when the Fourteenth Amendment was created to give teeth to outlawing slavery, and its focus shifted from primary emphasis on individualistic privacy notions as central to a white democratic polis to enhanced protections for group privacy, individual mobility, and property in a multi-racial republic. With an understanding of the historical roots of the Fourth Amendment, suggests Taslitz, we can upend negative assumptions of modern search and seizure law, and create new institutional approaches that give political voice to citizens and safeguard against unnecessary humiliation and dehumanization at the hands of the police.
Author: Sarah A. Seo
Publisher:
ISBN: 0674980867
Category : History
Languages : en
Pages : 353
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Book Description
Policing the Open Road examines how the rise of the car, that symbol of American personal freedom, inadvertently led to ever more intrusive policing--with disastrous consequences for racial equality in our criminal justice system. When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile transformed American freedom in radical ways, leading us to accept--and expect--pervasive police power. As Policing the Open Road makes clear, this expectation has had far-reaching political and legal consequences.--
Author: John R. Vile
Publisher: CQ Press
ISBN: 1604265892
Category : Law
Languages : en
Pages : 929
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Book Description
This work provides a unique overview for individuals seeking to understand the Fourth Amendment to the U.S. Constitution. It covers key concepts, events, laws and legal doctrines, court decisions, and litigators and litigants regarding the law of search and seizure.
Author: Tracey Maclin
Publisher: Oxford University Press
ISBN: 0199795479
Category : Law
Languages : en
Pages : 414
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Book Description
The application of the Fourth Amendment's exclusionary rule has divided the justices of the Supreme Court for nearly a century. This book traces the rise and fall of the exclusionary rule with insight and behind-the-scenes access into the Court's thinking.
Author: Charles M. Wetterer
Publisher:
ISBN: 9780894909245
Category : Juvenile Nonfiction
Languages : en
Pages : 136
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Book Description
This book looks at the rights against unreasonable search and seizure granted to United States citizens under the Fourth Amendment to the Constitution. The author provides historical context and descriptions of the people involved in the passage of this important amendment. Examples showing how the Fourth Amendment is applied in today's modern technological society are provided.
Author: Thomas McInnis
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 264
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Book Description
On December 24, 1968, ten-year-old Pamela Powers was brutally murdered, her body dumped at the side of the road to freeze. Robert Anthony Williams was charged with the crime, and a series of trials, appeals, and reversals ensued. The Christian Burial Case: An Introduction to Criminal and Judicial Procedure introduces readers to the intricacies of the American legal system, using the Williams case to illustrate all the stages of the legal process from the point of arrest, to the trial, the appellate process, and, ultimately, the Supreme Court. The text clearly and concisely explains criminal and court procedures in the context of the Williams case, paying careful attention to the rights against self-incrimination and to counsel, and to the role of the exclusionary rule in our system of justice. This unique introduction to criminal justice and judicial procedure captures the imagination of the reader as it chronicles The Christian Burial case from beginning to end. Because the suspect was observed leaving the scene of the crime with the body of the victim, the Williams case seemed to be open and shut. But due to police procedures in apprehending and questioning the suspect, the resolution of the case took fifteen years and two United States Supreme Court decisions. By highlighting the difficulties of determining the facts of the case and the proper procedural laws that were applicable, McInnis demonstrates the complexities inherent in the legal system. This compelling book is a must-read for all people interested in learning more about criminal procedure and judicial processes.
Author: M.H. Smith
Publisher: Univ of California Press
ISBN: 0520327403
Category : Law
Languages : en
Pages : 608
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Book Description
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1978.
Author: Stephen P. Halbrook
Publisher: UNM Press
ISBN: 0826352987
Category : Law
Languages : en
Pages : 336
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Book Description
"A revised and updated edition of Halbrook's 1984 book discussing the Second Amendment and the individual right to bear arms"--Provided by publisher.
